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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Nan died at the end of last year and a will was made

Resolved Question:

Hi,
My Nan died at the end of last year and a will was made for the estate to go to my mum and my two aunties with the eldest aunt (not my mum) being the executor
Since my Nan's death my mum and aunties have fallen out. The executor has sold the house and is refusing to let us know how much it was sold for and will not give my mum the money as stated in the will.
I am aware the money has gone into the executors bank account and can be spent by her if she wanted.
Solicitor questions
1 - Can the executor spend all the money? Is this legal? How can we stop this?
2 - We have contacted the probate office for inventory and accounts? We have to fill in some forms and it looks like we will need to go to court for the executor to show this. Do we really need to go to court for this?
3 - Is there a cost to going to court for the summons of inventory and account of my mums estate?
4 - after the summons of inventory and account what else will we need to do to get payment. Will we need to go to court some more?
4 - What can I do to get the Will money owed?
Thank you
Ross
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhich part of the Uk are you in?When was the house sold?
Customer: replied 1 year ago.
Hi Clare,Thanks for the reply. We live in the South East of England. The house was sold around 3 weeks ago.
Expert:  Clare replied 1 year ago.
Hi
What other assets were there in the estate?
Clare
Customer: replied 1 year ago.
Hi Claire, there are no other assets. Can you answer my questions please
Expert:  Clare replied 1 year ago.
Hi
In fact if the sale only happened three weeks ago it is in fact still a little soon to be expecting the final Estate Accounts and distribution of the funds.
However dealing with your questions in order
1. The Executors of the estate have to realise the assets, pay all the bills and distribute the proceeds under the terms of the Will. They are personally responsible to the beneficiaries for the monies so if they do not distribute the funds properly then they can be personally sued for the amounts involved.
2,3 and 4 It is too early to consider any court action at this point. The legal costs of the Executors will be paid by the Estate - so it will cost your mother both ways.
5. It is not difficult to find out ho much a property sold for - so that is what you do first. You then write a polite formal letter to the executors pointing out that a month has passed since the sale and that since all bills should now have been paid then you expect to receive the Estate Accounts by return.
If they are not received then you have two options.
You can apply to the Probate Court for the Executors to be replaced because of their failure to deal with the matter correctly
Alternatively you can write to the executors and say that in the absence of Estate Accounts you have to assume that the monies have been misappropriated and that you intend to report this to the police AND use the money claim online process to sue them for the monies.
However this is not an option you should take unless and until at least a further three months have passed
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi Claire,Thanks for the response. You say the legal costs will be paid by the executors from the estate which is fine but are you aware of what these costs will be, for example how much does it cost to go to probate to ask for the inventory and accounts in the first place?You mention: 'use the money claim online process to sue them for the monies' can you provide more details on this?Thank you
Expert:  Clare replied 1 year ago.
Hi
I will repeat - it is too early to take any action whatsoever - and before anything further is done then you willed to send formal letters.
Applications to replace an Executor can cost thousands of pounds - and if it transpires that there has been no misbehaviour on the part of the executors (and too date they have acted within the law based on what you have said) then your mother may end up paying the estate costs from her share -
a double loss.
With regard to money claim online the process is set out here
https://www.moneyclaim.gov.uk/web/mcol/welcome
Clare
Customer: replied 1 year ago.
OK thanks for the advice. we will write a formal letter to the executors and see what happens from there.
Expert:  Clare replied 1 year ago.
Hi
Excellent idea
Clare
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